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Patna High Court

Mukesh Paswan @ Mukesh KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail is not maintainable in a private complaint where there is no apprehension of arrest.

Summary

Mukesh Paswan (petitioner) was named in a private complaint arising from a matrimonial dispute and faced cognizance for an offence under Section 85 of the Bhartiya Nyaya Sanhita, 2023. He applied for anticipatory bail, arguing that he feared arrest. The Court examined the Supreme Court’s decision in Om Prakash Chhawnika v. State of Jharkhand, which held that police lack power to arrest in private complaint cases except under Section 87 of the CrPC. Since there was no concrete apprehension of arrest, the anticipatory bail petition was deemed non‑maintainable. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether anticipatory bail is maintainable in a private complaint under Section 85 of the Bhartiya Nyaya Sanhita, 2023
  • Whether the police have power to arrest in a private complaint absent a provision like Section 87 of the CrPC

Legislation cited

Subjects

  • anticipatory bail
  • private complaint
  • matrimonial dispute
  • arrest
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41901 of 2026
                    Arising Out of PS. Case No.-1241 Year-2024 Thana- ROHTAS COMPLAINT CASE
                                                     District- Rohtas
                 ======================================================
                 Mukesh Paswan @ Mukesh Kumar S/o Setha Ram R/o Village- Shivpur, PS-
                 Nokha, Dist- Rohtas
                                                                      ... ... Petitioner
                                             Versus
           1.     The State of Bihar
           2.     Lalsa Devi W/o Mukesh Paswan @ Mukesh Kumar, D/o Mahendra Paswan
                  R/o vill - Shivpur, P.O.- Tararh, P.S.- Nokha, Distt.- Rohtas, at present R/o
                  vill- Konar Khurd, P.O.- Sikraul, P.S.- Chenari, Distt. -Rohtas
                                                                            ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Babu Nandan Prasad, Advocate
                 For the Opposite Party/s :      Mrs.Pushpa Sinha.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   01-07-2026               Heard the parties.

                             2. The accused/petitioner is named in the complaint

                   and apprehending his arrest in connection with Complaint

                   Case No. 1241 of 2024 in which cognizance has been taken

                   for the offences punishable under Sections 85 of the

                   Bhartiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’).

                             3. It is a private complaint arising out of matrimonial

                   dispute between the parties, where summon has been issued

                   by the Court.

                             4. Considering the legal ratio of Hon’ble Supreme

                   Court as available through Om Prakash Chhawnika @

                   Om Prakash Chabnika vs. State of Jharkhand and
           Patna High Court CR. MISC. No.41901 of 2026(2) dt.01-07-2026
                                                       2/2




                     Another [2026 SCC OnLine SC 676], as police has no

                     power to arrest in the case of private complaint subject to

                     exception of Section 87 of the CrPC, accordingly, the prayer

                     of anticipatory bail as preferred by the petitioner stands

                     rejected, being not maintainable in want of apprehension of

                     arrest.


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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